Challenge a Will NSW
Contested Estates Division
Free consultation: 1800 529 529

What is an eligible person?

In NSW the Succession Act provides that only ‘Eligible Persons’ may apply to the Court for provision or further provision from the estate of a deceased person.

The Eligible Person hurdle must be established by evidence given on oath proving the fact that the person applying to challenge the Will is an Eligible Person. While a husband, wife or child can easily prove their eligibility, for the other categories it may be a difficult task.

Each category has received special consideration by the Court leading to a body of case law in each area. Further information on each category can be found by clicking below.

- Husband or Wife

- Ex- Husband or Ex-Wife

- De facto

- Child

- Grandchildren

- Member of the Household

- Close Personal Relationship

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Fees & Costs

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